61.872 Right to inspection -- Limitation. - Kentucky Statutes

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61.872 Right to inspection -- Limitation. (1) All public records shall be open for inspection by any person, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available
by each public agency for the exercise of this right. No person shall remove original
copies of public records from the offices of any public agency without the written
permission of the official custodian of the record. (2) Any person shall have the right to inspect public records. The official custodian may require written application, signed by the applicant and with his name printed
legibly on the application, describing the records to be inspected. The application
shall be hand delivered, mailed, or sent via facsimile to the public agency. (3) A person may inspect the public records: (a) During the regular office hours of the public agency; or
(b) By receiving copies of the public records from the public agency through the mail. The public agency shall mail copies of the public records to a person
whose residence or principal place of business is outside the county in which
the public records are located after he precisely describes the public records
which are readily available within the public agency. If the person requesting
the public records requests that copies of the records be mailed, the official
custodian shall mail the copies upon receipt of all fees and the cost of mailing. (4) If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish
the name and location of the official custodian of the agency's public records. (5) If the public record is in active use, in storage or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time,
and date for inspection of the public records, not to exceed three (3) days from
receipt of the application, unless a detailed explanation of the cause is given for
further delay and the place, time, and earliest date on which the public record will
be available for inspection. (6) If the application places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt
other essential functions of the public agency, the official custodian may refuse to
permit inspection of the public records or mail copies thereof. However, refusal
under this section shall be sustained by clear and convincing evidence. Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 262, sec. 3, effective July 15, 1994.